Agenda 02/24/2015 Item #16K2 2/24/2015 16.K.2.
EXECUTIVE SUMMARY
Recommendation to accept a Proposal for Settlement offer by the Plaintiff in the lawsuit
styled Linda Spence v. Collier County, pending in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, Case No. 14-0956-CA, for the sum of
$4,950 as full and fmal settlement of this claim.
OBJECTIVE: Recommendation to accept a Proposal for Settlement offer by the Plaintiff in the
lawsuit styled Linda Spence v. Collier County,now pending in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County,Florida, Case No. 14-0956-CA,for the sum of$4,950.
CONSIDERATIONS: On October 25, 2012 a Collier County owned vehicle (operated by a
County employee) and a vehicle owned and operated by the Plaintiff, collided at the intersection
of Immokalee Rd. and Collier Blvd. Liability is disputed. Plaintiff underwent medical treatment
as a result of the accident and medical bills were approximately$15,914.
On February 10, 2015, the Plaintiff served upon the County a Proposal for Settlement, which
states the Plaintiff will dismiss the lawsuit upon receipt of $4,950 for full and complete
settlement of all claims against the County, including all damages as well as attorneys fees.
Pursuant to Florida law, if this Proposal is rejected, and the Plaintiff's attorney obtains a verdict
award of$6,187.50 or higher,the County would be liable for the jury award and also all attorney
fees incurred from the date of the offer through trial.
The County's projected on-going costs of litigation include: retention of medical expert to
address Plaintiff's injuries of approximately $15,000, mediation costs of approximately $1,000
and court report and exhibit preparation costs of approximately$1,500.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty
Insurance Fund and the total impact will be $4,950.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this Proposal for
Settlement with the Risk Management Department and recommends that the Board of County
Commissioners accept the Proposal. This item has been approved as to form and legality, and
requires majority support for approval. -KLN
RECOMMENDATION: Recommendation to accept a Proposal for Settlement offer by the
Plaintiff in the lawsuit entitled Linda Spence v. Collier County, now pending in the Circuit Court
of the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 14-0956-CA, for
the sum of$4,950 as full and final settlement of this claim.
Prepared by: Kevin L.Noell,Assistant County Attorney
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2/24/2015 16.K.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.K.16.K.2.
Item Summary: Recommendation to accept a Proposal for Settlement offer by the
Plaintiff in the lawsuit styled Linda Spence v. Collier County, pending in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 14-0956-CA,for the sum of
$4,950 as full and final settlement of this claim.
Meeting Date: 2/24/2015
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary, CAO Office Administration
2/17/2015 2:32:30 PM
Approved By
Name: WalkerJeff
Title: Director-Risk Management, Risk Management
Date: 2/17/2015 2:38:38 PM
Name:NoellKevin
Title:Assistant County Attorney,CAO General Services
Date: 2/17/2015 2:43:35 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/17/2015 2:57:14 PM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 2/17/2015 3:06:56 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/17/2015 3:32:40 PM
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IN THE CIRCUIT COURT OF THE 20TH
JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA
LINDA SPENCE, CASE NO.: 14-0956CA
Plaintiff,
vs.
COLLIER COUNTY, a political
subdivision of the State of Florida,
Defendant.
PROPOSAL FOR SETTLEMENT TO DEFENDANT
1. This proposal for settlement is being made pursuant to Florida Statute
768.79 and Rule 1.442 of the Florida Rules of Civil Procedure.
2. The party making this proposal is the Plaintiff, LINDA SPENCE, and the
party to whom the proposal is being made is the Defendant, COLLIER COUNTY.
3. The claims the proposal is attempting to resolve are all of the claims set
forth by LINDA SPENCE in the Plaintiff's Complaint against COLLIER COUNTY.
4. This Proposal for Settlement must be accepted in writing within 30 days
after service or it shall be deemed rejected.
5. Plaintiff, LINDA SPENCE, will accept payment of the amount of$4,950.00
in full and complete settlement of her claims asserted against the Defendant, COLLIER
COUNTY, in this lawsuit. In return for said payment, Plaintiff, LINDA SPENCE, will
authorize her undersigned attorney to dismiss this lawsuit with prejudice against the
Defendant. No release is contemplated, and therefore no form of release is attached.
6. There are currently no claims for punitive damages pending in this lawsuit.
7. This proposal includes all damages including attorney's fees.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been emailed on
this 9th day of February, 2015 to Kevin NoeII, Esq., Collier County Attorney's Office at
kevinnoelk colliergov.net, thomasbaraatta(c�collieroov.net and nancvbradleyCa7coIliergay.net.
By:
GARY D. GELCH- FBN: 0059048
OMAR CARDENAS - FBN: 0040927
GELCH &ASSOCIATES, P.A.
Attorneys for Plaintiff
8751 W. Broward Blvd., Ste. 305
Plantation, FL 33324
Telephone: (954) 424-6100
Facsimile: (954) 424-6112
serviceofcourtdocument @gelchlaw.com
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